Red Bull Media House GmbH, Oberst-Lepperdinger-Strasse 11-15, 5071 Wals bei Salzburg, Austria, (the “Publisher”) publishes several magazines (each of them a “Magazine”)which include in particular “The Red Bulletin”, “Servus in Stadt und Land”, “Servus in Bayern”, “2012”, “Terra Mater” and “Seitenblicke”. These terms and conditions govern the sales of advertisements (including the supplement of advertising material – “Inserts” and “Bounds”) by the Red Bull entity offering and invoicing the services set forth herein (“Red Bull”) for the Magazines. All rights and obligations shall solely exist between the client (the “Client”) and Red Bull, unless expressly set forth otherwise herein.
Client (the “Client”) who wishes to place an advertisement in a Magazine may place an advertising order (the “Order”) with Red Bull.
Orders are subject to these general terms and conditions, the currently valid rate card for advertisements and our subsequent confirmation of the Order in writing.
Orders will only be processed if they are submitted in writing.
Red Bull may accept or reject an Order – including individual advertisements within an Order – at its sole discretion at any time.
Orders regarding the placement of advertisements in several editions of a Magazine shall be carried out within one year.
Advertisements shall be placed in the respective Magazine and in accordance with the relevant Order.
Red Bull shall mark promotional material and advertisements as such.
Red Bull shall use reasonable endeavours to flawlessly reproduce the advertisement from a typographical point of view. No Copies of advertisements submitted to Red Bull will be returned.
Where an advertisement is not reproduced in accordance with these terms and conditions, the Client shall only be entitled to a flawless additional insertion respectively an additional publication of the advertisement and only where a. an advertisement proves to be illegible, incorrect or incomplete; b. the core message of the advertisement has been compromised; and c. defective copying is to blame. Red Bull’s liability shall not extend beyond the scope indicated above. Any claims have to be made within eight days upon receipt of the invoice.
If the advertisement copy contains defects that are not noticed immediately, but only become apparent during printing, the Client shall not be entitled to assert any claims for inadequate printing. Red Bull shall not be obliged to check or otherwise verify the standard, quality or completeness of the advertisement copy submitted to it. This shall remain the sole responsibility of the Client.
Proofs shall only be made available at the Client’s explicit request. Clients shall bear the cost of the production of the proofs. The Client shall be deemed to have given approval for printing if the proof, received in good time by the Client, is not returned by Red Bull’s specified deadline.
Red Bull shall keep printing materials for two months after the insertion of the last advertisement of an Order.
At the Client’s request, Red Bull will, for separate payment of costs, produce the design, text, artwork and photographic material for advertisements. This will be done on the basis that Red Bull respectively the Publisher will own and retain all Intellectual Property Rights in relation to such output. Should the Client wish to use said material in other media, the rights for such other publication must be acquired separately from Red Bull and/or the Publisher.
Advertising rates do not include the costs of typesetting, reproduction or lithography. To the extent that advertisements require such work, this shall be billed to the Client separately.
Special requirements as to the positioning of advertisements shall only be binding upon payment of a position surcharge and confirmation by Red Bull; otherwise Red Bull shall endeavour to meet the Client’s wishes, but shall not be obliged to do so.
Inserts and bounds
The content of inserts and bounds may only be related to the Client’s own business area.
Respective orders shall only be carried out provided that the Client furnishes Red Bull with a sample (10 copies) at least 4 weeks before the publication date.
Charging and payment
Red Bull shall be entitled to demand advanced payment of a specified amount or the settlement of open accounts, even during the term of the Order, before publishing further advertisements.
The costs of printing plates, matrices, drawings and any reproduction shall be borne by the Client.
Any change of the generally valid rate card for advertisements shall have immediate effect, including current Orders, unless Red Bull and the Client have agreed otherwise.
The Client shall receive a free sample of the Magazine after publication of the advertisement.
Terms of payment: 2% discount on payments made within 7 days of the invoice date or net within 14 days of the date of invoice.
Orders may only be cancelled up to one month prior to the date of publication of the relevant edition (cancellation of advertisements on cover pages two months prior to date of publication).
Cancellation of an Order in accordance with the preceding paragraph shall entail payment of a cancellation charge in the sum of 30% of the value of the advertisement. In case of a cancellation after the date set forth in the preceding paragraph the Client shall pay the full remuneration as well as any costs.
Costs resulting from changes to the originally agreed contract and from changes to ordered printing material shall be charged separately to the Client.
The competent court at the seat of Red Bull shall have jurisdiction for all disputes arising from or in connection with this Agreement. The law of the state in which Red Bull has its seat shall apply excluding the rules of conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
The copyright in materials prepared by Red Bull and/or the Publisher shall belong to the same. Advertisements containing such materials may not be reproduced without the permission of Red Bull respectively the Publisher.
The Client hereby licenses Red Bull and the Publisher to make copies of the advertisement for the purposes of this agreement.
The Client shall solely be liable for the content of the advertisement and therefore shall fully indemnify and hold Red Bull and the Publisher harmless of any claims asserted by third parties on grounds of or in connection with the respective advertisement – regardless whether such claims are based on civil law, criminal or administrative law. Such indemnification shall also include any defence costs as well as damages to Red Bull’s and/or Publisher’s image.